CHILD CRIMINAL POLICY REFORM DIVERSION VS HANDLING IN JUVENILE COURT IN CASES OF SEXUAL CRIMES

Abstract

The reform of Indonesia's juvenile justice system reflects a fundamental shift in the legal framework, shifting from a retributive approach to a restorative approach. One concrete step in this change is the implementation of diversion, a procedure for resolving juvenile cases outside the formal judicial process, emphasizing education, training, and social recovery. However, the implementation of diversion in cases involving sexual offenses remains controversial, both legally and morally. Sexual offenses are classified as serious crimes with a significant impact on the victim, while juvenile perpetrators still have the right to legal protection. This study, using a normative-juridical method with a conceptual and legislative approach, aims to assess the effectiveness of diversion compared to handling cases in juvenile court. The study concludes that, normatively, diversion cannot be applied to serious crimes such as sexual violence. However, from a philosophical perspective, the principle of restorative justice remains relevant in maintaining a balance between protecting children and fulfilling justice for victims. Therefore, future updates to child criminal law policies need to be directed at strengthening the concept of selective diversion and increasing the capacity of child training institutions to be able to uphold the values ​​of justice, humanism, and protection of children's rights in the context of Islamic criminal law.